Page:Federal Reporter, 1st Series, Volume 1.djvu/37

 BAWYEB V. HOEN. 29 �The box and label and top which the respondent uses is similar in size, shape and appearance, so that, except for the words on the label and the color of the pnnting, which is in gold bronze instead of silver, and a hardly observable differ- ence in the shade of the red color on the top, there is nothing to distinguish them, and unless the two are side by side and attention has been freshly called to these differences, no one can discriminate between them. �They both present the appearance at a little distance of a blue cylinder, with printing in gilt letters, with a red top of sealing-wax. �The respondent states that he was by trade a stone-cutter, and for a while kept a grocery store, and about 1873 began putting up bluing. That from the first he used the cylin- drical box and blue label, but not the red top, and that about 1876, learning that Sawyer's patent had been held void, and supposing it was the red top which had been the subject of the patent, he then began to use the red top. �The labels, when compared, show that they are precisely of the same size and color. Both are divided by vertical Unes into four sections of precisely the same sizes, but the words printed on them are different. �On Sawyer's label is printed horizontally : �Sawyer's �Chrystal �Blue �and �Safety box : �Patent Jan. 5th, 1864; re-issued Oct. Ist, 1867. �Then vertîoally and enclosed by the vertical lines : �The Standard Blue of America. This form is the best and cheapest method of using Bluing. The quality is un- excelled. �Directions : �Pierce the prînts on the top with a pin, and sh k a fe-w ��� �